Santo Domingo.- Convicted ex banker Vivian Lubrano and those pardoned in the Plan Renove RD$1.9 billion fraud case could land behind bars again to serve out their jail sentence if the Constitutional Court (TC) upholds a challenge as unconstitutional against president Leonel Fernandez’s decree which freed them.

Supreme Court sent the unconstitutionality challenge to the TC, filed by the lawyers Remberto Pichardo Juan and Hermes Guerrero, against decree 487-08, which pardoned Lubrano and the convicts Pedro Franco Badía, Antonio Marte, Milcíades Amaro Guzmán and Gervacio de la Rosa on December 22, 2008.

Pichardo and Guerrero claim the decree violates the previous Constitution passed January 26, 2010, whose article 55, numeral 27 states that pardons must be decreed in accordance to law, which in this case would be number 65, 1963, that creates a commission that evaluates the clemency and decides whom the President will pardon afterwards.

The Supreme Court didn’t hand down a ruling on the challenge submitted February 6, 2009, and then transferred it to the recently created Constitutional Court, which will hear it through the so called “accordion system to hear the old files left by the Supreme Court.”

The challenge notes that the defendants’ convictions had acquired the authority of the irrevocably judged, and that the National District Appellate Court sentenced Lubrano on April 17, 2008, upheld by the Supreme Court on July 8, 2008.

It said on December 17, 2007 the Santo Domingo Province Court of Appeals found the Plan Renove defendants guilty, also upheld by the Supreme Court on February 21, 2008.

The challenges states that all those found guilty were sent prison but served only part of their sentences as the result of the I pardons, while Lubrano de lasted only two hours in prison, pardoned on alleged illness, which, according to the instance, “blatantly violating the equality before the law consecrated in the Constitution.”

“Doctor Leonel Fernandez’s decree which pardoned them doesn’t adhere with the past Constitution, since the same (as the one passed on January 26, 2010) stipulates in its article 55, numeral 27 that the pardons must be decreed in compliance with the law, which in this case would be Law 65, 1963 on pardons which creates a commission that must evaluate those who would be pardoned and which will later decide who’ll be pardoned by the President,” the challenge says.

It adds that despite the provisions, those convicts never submitted their cases to the referred commission, without adhering to the revision established by Law.

From: United States, Guillermo President 2016 Because Our Future Depends On It!

Meanwhile in other potential abuse of power news:

I swear to you guys I hand nothing to do with writing of the opinion piece!

The Case Against Danilo the PUPPET President!

“The Party of the Dominican Dictatorship”

“Next President”

If Danilo Medina were to win the presidency in the year 2012, Leonel would have his first puppet President; An inescapable phenomenon, where the nominal Executive would not control the legislative, judicial, electoral powers or the Vice-Presidency of the Republic. Nor would he be decisive against powers, such as the party, military, kleptocracy, private finance, the religious ascension and propaganda factory of FUNGLODE.

OK josean but what is the other choice? To vote for an inept, and just as corrupt a..hole like Hipoloco?Estamos entre la espada y la pared.Dominicans should either not vote or vote for anybody else, but not be complicit in the sake of "governability".Fuego a la lata, carajo!

OK josean but what is the other choice? To vote for an inept, and just as corrupt a..hole like Hipoloco?

Estamos entre la espada y la pared."

The Canario under the Mango tree will not adhere to hard political reality, Generoso.

Suenos de Hadas will not be coming anything soon. As with that Jesus waiting game, the practice of politics is not for the weak of mind and heart.

We have to accept reality and the choice before us is, however painful for some to accept, between a lesser of two evils. I've said this a number of times and no one has been able to challenge me on this: Compare the administrations of the PRD: Guzman, Blanco and Hipolito with the 12 years of the PLD under Leonel Fernandez and the overwhelming winner is the PLD and Leonel Fernandez. Just check the history and remember the past governments under Guzman, Blanco and Grand Master Hippo.

From: United States, Guillermo President 2016 Because Our Future Depends On It!

Remaining on the topic of corruption:

File this one under better late than never but let’s be fair!

“The fight against corruption must be impartial”

“Support for Hotoniel Bonilla”

“Amable Aristy and Hector Rodriguez Pimentel have been Government officials, as were other political leaders, with official posts that have been assessed by the auditors of the Chamber of Auditors, yet they do not meet the same fate as these two gentlemen”

Watch the very revealing and fascinating video editorial at acento .com

OK josean but what is the other choice? To vote for an inept, and just as corrupt a..hole like Hipoloco?

Estamos entre la espada y la pared."

The Canario under the Mango tree will not adhere to hard political reality, Generoso.

Suenos de Hadas will not be coming anything soon. As with that Jesus waiting game, the practice of politics is not for the weak of mind and heart.

We have to accept reality and the choice before us is, however painful for some to accept, between a lesser of two evils. I've said this a number of times and no one has been able to challenge me on this: Compare the administrations of the PRD: Guzman, Blanco and Hipolito with the 12 years of the PLD under Leonel Fernandez and the overwhelming winner is the PLD and Leonel Fernandez. Just check the history and remember the past governments under Guzman, Blanco and Grand Master Hippo.

PLD is just a wolf in sheep's clothing.When proud Dominicans fought against the Trujillo regime, nobody cared about governability, stability, what other's thought or anything else, but focused in getting rid of that scourge.Dominicans are too much involved in protecting the status quo, and are selling their souls to the devil.We must get rid of the thieves both PLD and PRD, and not support them with votes, otherwise there will be nothing left, for our grandchildren to inherit.

"Dominicans are too much involved in protecting the status quo, and are selling their souls to the devil.

We must get rid of the thieves both PLD and PRD, and not support them with votes, otherwise there will be nothing left, for our grandchildren to inherit."

Revolutions will not solve the political immaturity in the Dominican Republic. Sadly we are witnessing the ongoing Birthpangs of representative democracy in the DR. It has taken a long time and we are, REMEMBER just sadly 16? years removed from that Patriotic Front forged by the old caudillos Juan Bosch and Joaquin Balaguer that is the basis for the rise of this new dynasty in Dominican political life.

I thought this guy was Noriega with that Pinapple face, but is Mr Badia the guy that robbed hundreds of back when Jorge Blanco, Cuervo Gomez and the rest of the PRD put the whole country in their bank accounts, and we didn't even get a Metro. Lol.

Josie tell us something we don't know, you're like a mental patient with your every day ranting. Seek help son, this is beyond trying to prove a fact.

Don't Be SilentHow about the person on his right? That is no other than Ramón Emilio Jimenez (Milo), the ex-minister of the DR armed forces in 1973, when Caamaño was cowardly murdered while captive.Pedro Franco Badia, believe it or not, was also Minister of Interior and police; talking about the fox guarding the hen house.

juanbI agree. If either one of the two major parties win, and that's what it looks like, unless a catastrophic event happens, like a major earthquake, alien invasion, or assassination, the population should continue demonstrations, pickets, investigative reporting, and proactive efforts to insist and demand transparency and accountability, both past, present and future.This process should continue after the new government takes the helm. The worse is when Dominicans practically issue a blank signed check to whoever wins, to do as they please, with no accountability, transparency and total impunity.

From: United States, Guillermo President 2016 Because Our Future Depends On It!

"Written by: generoso, 20 Mar 2012 8:16 PM

From: United States, Quisqueya

juanbI agree. If either one of the two major parties win, and that's what it looks like, unless a catastrophic event happens, like a major earthquake, alien invasion, or assassination, the population should continue demonstrations, pickets, investigative reporting, and proactive efforts to insist and demand transparency and accountability, both past, present and future.This process should continue after the new government takes the helm. The worse is when Dominicans practically issue a blank signed check to whoever wins, to do as they please, with no accountability, transparency and total impunity."

Generoso that's why you are the PROFESSOR and Atabey can't even beat josean in a DUMB SURVEY!

From: United States, Guillermo President 2016 Because Our Future Depends On It!

“Birth pangs of representative democracy in the DR”

Here more news from Atabey's Purple Midwifes:

Lie-onel Fernandez’s Right Hand Bagman makes Dick Cheney look like the Mother Teresa of Government Transparency!

Bautista won multi-million contracts for him and his friends in OISOE

“SANTO DOMINGO, Dominican Republic.- While being the director of Office of Engineers Supervising the works of the State (OISOE), the now Senator Felix Bautista and Secretary of the governing Dominican Liberation Party (PLD) self assigned multi-million dollar works to be performed by companies he directly owned or associated with him.”

juanbI agree. If either one of the two major parties win, and that's what it looks like, unless a catastrophic event happens, like a major earthquake, alien invasion, or assassination, the population should continue demonstrations, pickets, investigative reporting, and proactive efforts to insist and demand transparency and accountability, both past, present and future.

This process should continue after the new government takes the helm.

The worse is when Dominicans practically issue a blank signed check to whoever wins, to do as they please, with no accountability, transparency and total impunity."

The process is slow and painful but hopefully out of the many tribulations and setbacks a better more responsive and enlightened government will emerge. Again, this democratic process is like making sausages, messy and definitely not for the faint of heart. As Blut used to say: it's similar to the early Tammany Hall like machine politics in NYC.

With more modernization, exposure to outside better practices, and fundamentally a board and well funded educational expansion initiative, Dominicans may yet achieve the desired but unmet responsive and Civic developments we all want for our land of birth.

From: United States, Guillermo President 2016 Because Our Future Depends On It!

"With more modernization, exposure to outside better practices, and fundamentally a board and well funded educational expansion initiative, Dominicans may yet achieve the desired but unmet responsive and civil developments we all want for our land of birth."

From: United States, Guillermo President 2016 Because Our Future Depends On It!

"With more modernization, exposure to outside better practices, and fundamentally a board and well funded educational expansion initiative, Dominicans may yet achieve the desired but unmet responsive and civil developments we all want for our land of birth."

Your weakness is your incapacity to see things rationally and realistically. Political realities gives us the Bosch-Balaguer Frente Patriotico. It also serves to remind- those who care to ponder the enormously bloody and tragic historical terrain of the Dominican Republic-that the democratic process DOES NOT ascend in a straight line towards best practices; but is a rather zig-zag process with many pit-falls and adjustments in the making.

Sorry to once again blow up that Suenos de Hadas mentality that pervades your sensibilities on the matter.

From: United States, Guillermo President 2016 Because Our Future Depends On It!

Those who live in the past stay in the past.

The one that has no BALLS is you that after all your Bull Shit about modernism are afraid to do the REAL MODERN THING and break away from the INSANITY of voting for the lesser of two evils and wouldn’t vote for Guillermo Moreno or another alternative.Para eso es que se necesita COJONES!

If we followed your line of thinking we would still have Trujillo in power!

From: United States, Guillermo President 2016 Because Our Future Depends On It!

Written by: josean, 20 Mar 2012 11:07 PM

From: United States

"Written by: generoso, 20 Mar 2012 8:16 PM

From: United States, Quisqueya

juanbI agree. If either one of the two major parties win, and that's what it looks like, unless a catastrophic event happens, like a major earthquake, alien invasion, or assassination, the population should continue demonstrations, pickets, investigative reporting, and proactive efforts to insist and demand transparency and accountability, both past, present and future.This process should continue after the new government takes the helm. The worse is when Dominicans practically issue a blank signed check to whoever wins, to do as they please, with no accountability, transparency and total impunity."

Generoso that's why you are the PROFESSOR and Atabey can't even beat josean in a DUMB SURVEY!

foresthillWe don't need a revolution or uprising, what we need is something like the "Arab spring", mass demonstrations that are for no particular political parties.Either that or an abstention from voting, and prevention of legalizing the results for the same political bums and thieves.